A lobby Group dubbed Sheria Mtaani has come to defense of the office of Director of Public Prosecutions(DPP) Renson Igonga following claims by an Activist that he is responsible for increased withdrawal of cases in court.
Through its Founder Shadrack Wambui,says DPP when excicising Authority on decision to charge is based on his mandate under the law.
Lawyer Danstan Omari says he has been instructed by Sheria Mtaani to Sue the Weakest link to the fight against corruption within the country which is the office EACC..
“Before August 27,2010 the office of the DPP was a branch under Attorney General but Kenyans protested and said a prosecutor cannot be an investigator,”added Omari.
Kenyans created office of DPP under Article 157 which gives the person sitting there 8 years and no one can direct the one sitting there on charging or prosecuting the case.
He Says that very many files forwarded to DPP have been rejected as they do not meet threshold as they come from DCI.
This narrative that the DPP has been withdrawing matters right and left are not true.
“Some matters court has rejected the application for withdrawal,and media here you will look at your records,DPP has moved to appeal court and lost,”added Omari.
Lawyer Danstan Omari says that the final decision on whose matter will be withdrawn does not rest with DPP but court.
On the matter on who to be changed lies with Ethics and Anti_Corruption Commission,and will remain as an investigator.
Attack on DPP is baseless,we know some petitions have been filed at Public Service Commission on frimsy ground,around 8 of them against DPP have been withdrawn as they were baseless.
Omari says that DPP’s mandate is to prosecute and EACC can never and shall never be allowed to prosecute..
Best practices world wide for police is to investigate just like DCI.
Omari says the mandate of DPP is to charge,DPP should be given enough time to respond to those claims..
“Weakest link is at the office of EACC not DPP,the mandate of DPP is to decide to Charge and prosecute,”added Omari.
He adds that only DPP renson Igonga has mandate to charge but other prosecutors acts under instructions of DPP.